Recognition of Customary Marriages Act, 1998/2001-12-07

E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Definitions

1. In this Act, unless the context otherwise indicates—

“court” means a High Court of South Africa, a family court established under any law or a Divorce Court established in terms of section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929);

“customary law” means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples;

“customary marriage” means a marriage concluded in accordance with customary law;

“lobolo” means the property in cash or in kind, whether known as lobolo, bogadi, bohali, xuma, lumalo, thaka, ikhazi, magadi, emabheka or by any other name, which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage;

“Minister” means the Minister of Home Affairs;

“prescribed” means prescribed by regulation made under section 11;

“registering officer” means any person appointed as registering officer for purposes of this Act by the Minister or an officer acting under the Minister’s written authorization;

“this Act” includes the regulations; and

“traditional leader” means any person who in terms of customary law or any other law holds a position in a traditional ruling hierarchy.